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Home My WebLink About930474.tiff RESOLUTION RE: APPROVE HOUSING GRANT CONTRACT WITH COLORADO DEPARTMENT OF LOCAL AFFAIRS, DIVISION OF HOUSING, AND AUTHORIZE CHAIRMAN TO SIGN WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with a Housing Grant Contract between the Colorado Department of Local Affairs, Division of Housing, and Weld County, Colorado, commencing upon execution, and ending April 30, 1994, with the further terms and conditions being as stated in said contract, and WHEREAS, by Resolution on April 7, 1993, said matter was continued to April 14, 1993, at which time said matter was again continued to April 21, 1993, then again to May 19, 1993, then again to May 26, 1993 at 9:00 a.m. , and WHEREAS, at the meeting of May 26, 1993, the Board deemed it advisable to approve said contract, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Housing Grant Contract between the Colorado Department of Local Affairs, Division of Housing, and Weld County, Colorado, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said contract. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 26th day of May, A.D. , 1993. d BOARD OF COUNTY COMMISSIONERS ATTEST: f / 11 /,/ £ WEL COUNTY, COLORADO i(1Weld County Clerk to the Board IConstance//// L /Harbert, Chairman BY: A. ✓ ( )4 * Deputy Cle the Boa Webster, Pry- em er APPROVE AS TO FORM: �� eorge Fl. Baxter EXCUSED DATE OF SIGNING (AYE) unty Attorney Dale K. Hall � f / Barb�Kirkmey r 930474 Form o-AC-02A (R 1/88) � ' ? -C art••7 �- 893-026 -" DEPARTMENT OR AGENCY NUMBER NAA CONTRACT ROUTING NUMBER CONTROL NUMBER STATE OF COLORADO HOUSING GRANT CONTRACT THIS CONTRACT, Made this day of 1993, by and between the State of Colorado for the use and benefit of the DEPARTMENT OF LOCAL AFFAIRS, DIVISION OF HOUSING, 1313 Sherman Street, #323, Denver, Colorado 80203, hereinafter referred to as the State, and Weld County, Post Office Box 758. Greeley, Colorado. 80632 , hereinafter referred to as the Contractor. WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated and otherwise made available and a sufficient unencumbered balance thereof remains available for payment in Fund Number Appropriation Code . Org. No. , GBL No. , Contract Encumbrance Number ; and WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate agencies; and WHEREAS, in accordance with 24-32-705 C.R.S. 1973, as amended, the State is empowered to provide funds to public and private non-profit entities to induce at least equal non-State investments for the construction, rehabilitation and acquisition of housing for low-income families and persons; and WHEREAS, the Contractor is one of the political subdivision, public or private non-profit entities organized under the law of the State of Colorado as a non-profit corporation in good standing in the State of Colorado with federal income-tax exempt status and eligible to receive State funds; and WHEREAS, certain physical conditions exist in houses located in the State, Colorado, which pose danger to the health, welfare, and safety of low- and moderate-income occupants; and, WHEREAS, The Division of Housing has approved the proposed project of the contractor. NOW, THEREFORE, it is hereby agreed that 1. Scope of Services. In consideration for the monies to be received from the State, the Contractor shall do, perform and carry-out in a satisfactory and proper manner, as determined by the State, all work elements as indicated in the "Scope of Services", set forth in the attached Exhibit A, hereinafter referred to as the "Project". Work performed prior to the execution of this contract shall not be considered part of this Project. 2. Responsible Administrator. The performance of the services required hereunder shall be under the direct supervision of James Sheehan , an employee or agent of Contractor, who is hereby designated as the administrator-in-charge of this project. At any time the administrator-in-charge is not assigned to this project, all work shall be suspended until the Contractor assigns a mutually acceptable replacement administrator-in-charge and the State receives notification of such replacement assignment. Page 1 of 9 Pages 930474 3. Time of Performance. TL Contract shall become effective upon , ,,er execution of this Contract. The Project contemplated herein shall commence as soon as practicable after the execution of this Contract and shall be undertaken and performed in the sequence set forth in the attached Scope of Services. The Contractor agrees that time is of the essence in the performance of its obligations under this Contract, and that completion of the Project shall occur no later than the termination date set forth in the Scope of Services. 4. Definition of Eligible Beneficiaries. Eligible beneficiaries are defined for the purposes of this Contract, as those persons whose household income does not exceed 80% of the area median income, as set forth in the Exhibit B, which is attached hereto and incorporated here in by reference, or as subsequently promulgated in writing by the State. 5. Fair Housing Provision. The Contractor agrees to comply with the letter and spirit of the Colorado Fair Housing Act of 1959, as amended, and other applicable laws respecting discrimination in the showing, renting, leasing or sale of housing or vacant land, including trailer spaces, duplexes and private homes. The law prohibits discrimination based on race, creed, color, sex, national origin, ancestry, physical handicap and marital status. 6. Compensation and Method of Payment. State shall pay to Contractor a total amount not to exceed Forty One Thousand and NO/100 Dollars (841,000). Payment of funds for approved program activitylies) shall be made upon written request from Contractor using the State-provided form. Contractor may request payment for reimbursement of actual eligible expenditures or for eligible obligated expenses. Contractor shall maintain and submit documentation that said expenses existed at the time of request. No part of said State share shall be used for program planning, development or administration. The method and time of payment shall be made in accordance with the "Payment" set forth herein. The proposed total funding for said program to provide adequate housing for low and moderate income households is approximately Eiahty Eiaht Thousand Five Hundred Seventy and NO/100 Dollars ($88,570), of which the State share is Forty One Thousand and NO/100 Dollars (S41,000), and Contractor non-State matching share is approximately Forty Seven Thousand Five Hundred Seventy and NO/100 Dollars ($47,570). In no event shall Contractor non-State matching share be less than State share. If Contractor non-State matching share is less than State share, the State share shall be reduced to amount of available contractor non-State matching funds. 7. Financial Management. At all times from the effective date of this Contract until completion of this Contract, the Contractor shall establish and maintain, as a separate set of accounts, or as an integral part of its current accounting system, accounts for the Project to assure that Project funds including State funds, matching and other funds, are expended and accounted for in a manner consistent with this Agreement and State Law, including Section 24-75-601 through 605 Colorado Revised Statutes, as amended. 8. Payment Method. Unless otherwise provided in the Scope of Services: a) The Contractor shall periodically initiate all drawdown requests by submitting to the Division a written request using the State-provided form, for reimbursement of actual and proper expenditures of State Housing Development Grant (HDG) funds plus an estimation of funds needed for a reasonable length of time. b) The State may withhold any payment if the Contractor has failed to comply with the financial management requirements, program objectives, contractual terms, or reporting requirements. c) The State may withhold payment of the final five (5) percent of the total contract amount until the Contractor has submitted and the Division has accepted all required financial status reports and performance report information. Page 2 of 9 Pages 930474 9. Audit. The State or other aropriate government agency, or any pl n designated by such agency, shall have the right to audit said project's construction account and/or project's operating account, provided that such audit is conducted at a reasonable time and in a reasonable manner. 10. Contractor, An Independent Contractor. Contractor shall be an independent contractor and shall have no authorization, express or implied, to bind the State to any agreements, settlements, liability or understanding except as expressly set forth herein. 11. Personnel. The Contractor represents that he has, or will secure at his own expense all personnel, as employees of the Contractor, necessary to perform the work and services required to be performed by the Contractor under this contract. Such personnel may not be employees of or have any contractual relationship with the State and no such personnel are eligible for any employees benefits, unemployment compensation or any other benefits accorded to state employees and Contractor agrees to indemnify the State for any costs for which the State may be found liable in these regards. Contractor shall pay when due all required employment taxes and income tax withholding. All of the services required hereunder will be performed by the Contractor or under his supervision. The Contractor is responsible for providing Workmen's Compensation coverage and Unemployment Compensation coverage for all of its employees to the extent required by law, and for providing such coverage for themselves. In no case is the State responsible for providing Workmen's Compensation Coverage for any employees or subcontractors of Contractor pursuant to this Agreement, and Contractor agrees to indemnify the State for any costs for which the State may be found liable in this regard. 12. Contract Suspension. If the Contractor fails to comply with any contractual provision, the State may, after notice to the Contractor, suspend the contract and withhold further payments or prohibit the Contractor from incurring additional obligations of contractual funds, pending corrective action by the Contractor or a decision to terminate in accordance with provisions herein. The State may determine to allow such necessary and proper costs which the Contractor could not reasonably avoid during the period of suspension provided such costs were necessary and reasonable for the conduct of the project. 13. Contract Termination. This contract may be terminated as follows: a) Termination Due to Loss of Funding. The parties hereto expressly recognize that the Contractor is to be paid, reimbursed, or otherwise compensated with Division of Housing Development Grant funds provided to the Divison for the purpose of contracting for the services provided for herein, and therefore, the Contractor expressly understands and agrees that all its rights, demands and claims to compensation arising under this Contract are contingent upon receipt of such funds by the Division of Housing. In the event that such funds or any part thereof are not received by the Division of Housing, the Division may immediately terminate or amend this Contract. b) Termination for Cause. If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations under this Contract, or if the Contractor shall violate any of the covenants, agreements, or stipulations of this Contract, the State shall thereupon have the right to terminate this Contract for cause by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least five (5) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports or other material prepared by the Contractor under this Contract shall, at the option of the State, become its property, and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Notwithstanding the above, the Contractor shall not be relieved of liability to the State for any damages sustained by the State by virtue of any breach of the Contract by the Contractor, and the State may withhold any payments to the Contractor for the purpose of setoff until such time as the exact amount of damages due the State from the Contractor is determined. Page 3 of 9 Pages 930474 c) Termination for 1 venience. The State may terminate th. "ontract at any time the State determines that the purposes of the distribution of State HOG.ponies under the Contract would no longer be served by completion of the Project. The State shall effect such termination by giving written notice of termination to the Contractor and specifying the effective date thereof, at least. twenty (20) days before the effective date of such termination. In that event, all finished or unfinished documents and other materials as described in subparagraph b above shall, at the option of the State, become its property. If the Contract is terminated by the State as provided herein, the Contractor will be paid an amount which bears the same ratio to the total compensation as the services actually performed bear to the total services of the Contractor covered by this Contract, less payments of compensation previously made: Provided, however, that if less than sixty percent (60%) of the services covered by this Contract have been performed upon the effective date of such termination, the Contractor shall be reimbursed (in addition to the above payment) for that portion of the actual out-of-pocket expenses (not otherwise reimbursed under this Contract) incurred by the Contractor during the Contract period which are directly attributable to the uncompleted portion of the services covered by this Contract. If this Contract is terminated due to the fault of the Contractor, Paragraph 13b hereof relative to termination shall apply. 14. Modification and Amendment. a) Modification by Operation of Law. This Contract is subject to such modifications as may be required by changes in federal or state law or regulations. Any such required modification shall be incorporated into and be part of this Contract as if fully set forth herein. b) Programmatic or Budgetary Modifications. Contractor shall follow the revision procedures set forth below if programmatic or budgetary modifications are desired: I) The contractor must submit a written request to the Division and obtain prior written approval from the Division under the following circumstances: a. unless otherwise specified in the Scope of Services, when cumulative budgetary changes exceed five (5) percent of the total contract amount or Five Thousand Dollars (85,000), whichever is less; b. when the scope, objective or completion date of the Project changes; c. when additional or less State funding is needed; ii) Under the following circumstances and in addition to the foregoing procedure, prior approval for changes must be authorized by the State in an amendment to this contract properly executed and approved in accordance with applicable law: a. when cumulative budgetary changes exceed ten (10) percent of the total contract amount or Twenty Thousand Dollars (820,000), whichever is greater; b. when the scope, objective or completion date of the Project changes substantially, as determined by the Division; and g. when any additional State funding is needed. Under such circumstances, the Division's approval is not binding until memorialized in the contract amendment. c) Other Modifications. If either the State or the Contractor desires to modify the terms of this Contract other than as set forth in subparagraphs a and b above, written notice of the proposed modification shall be given to the other party. No such modification shall take effect unless agreed to in writing by both parties in an amendment to this Contract properly executed and approved in accordance with applicable law. Page 4 of 9 Pages 940474 15. Integration. This Contrac 3 written, with attachments and refere 3, is intended as the complete integration of all understanding between the parties at this time and no prior or contemporaneous addition, deletion or amendment hereto shall have any force or effect whatsoever, unless embodied in a written authorization or contract amendment incorporating such changes, executed and approved pursuant to applicable law. 16. Reports. a) Financial Reports. The Contractor shall submit to the Division three (3) copies of financial status report in the manner and method prescribed by the Division in the scope of services set forth in Exhibit A. b) Performance Reports. The Contractor shall submit to the Division three (3) copies of performance reports in a manner and method prescribed by the Division in the scope of services set forth in Exhibit A. 17. Conflict of Interest. a) In the Case of Procurement. In the procurement of supplies, equipment, construction and services by the Contractor and its subcontractors, no employee, officer or agent of the _ Contractor or its subcontractors shall participate in the selection or in the award or administration of a contract if a conflict of interest, real or apparent, would be involved. Such a conflict would arise when the employee, officer or agent; any member of his immediate family; his partner; or an organization which employs, or is about to employ, any of the above, has a financial or other interest in the party or firm selected for award. Officers, employees or agents of the Contractor and its subcontractors shall neither solicit nor accept gratuities, favors or anything of monetary value from parties or potential parties to contracts. Unsolicited items provided as gifts are not prohibited if the intrinsic value of such items is nominal. b) In all Cases Other Than Procurement. In all cases other than procurement (including the provision of housing rehabilitation assistance to individuals, the provision of assistance to businesses, and.the acquisition and disposition of real property), no persons described in subparagraph i) below who exercise or have exercised any functions or responsibilities with respect to HDG activities or who are in a position to participate in a decision- making process or gain inside information with regard to such activities, may obtain a personal or financial interest or benefit from the activity, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. i) Persons Covered. The conflict of interest provisions of this paragraph b) apply to any person who is an employee, agent, consultant, officer, or elected official or appointed official of the Contractor or of any designated public agencies or subcontractors receiving HDG funds. ii) Threshold Requirements for Exceptions. Upon the written request of the Contractor, the State may grant an exception to the provisions of this subparagraph b) when it determines that such an exception will serve to further the purposes of the HDG program and the effective and efficient administration of the Contractor's Project. An exception may be considered only after the Contractor has provided the following: a. A disclosure of the nature of the conflict, accompanied by an assurance that: i• there has been or will be a public disclosure of the conflict and a description of how the public disclosure was or will be made; and ii. the affected person has withdrawn from his or her functions or responsibilities, or the decision making process with respect to the specific HDG assisted activity in question; and Page 5 of 9 Pages 930474 h. A ,pinion of the Contractor's attorney t the interest for which the exception is sought would not violate State ur local law; and g. A written statement signed by the chief elected official of the Contractor holding the State harmless from all liability in connection with any exception which may be granted by the State to the provisions of this subparagraph b); iii) Factors to be Considered for Exceptions. In determining whether to grant a requested exception after the Contractor has satisfactorily met the requirements of subparagraph ii) above, the State shall consider the cumulative effect of the following factors, where applicable: a. Whether the exception would provide a significant cost benefit or an essential degree of expertise to the Project which would otherwise not be available; ¢. Whether an opportunity was provided for open competitive bidding or negotiation; g. Whether the person affected is a member of a group or class of low or moderate income persons intended to be beneficiaries of the HOG assisted activity, and the exception will permit such person to receive generally the same benefits as are being made available or provided to the group or class; g. Whether the interest or benefit was present before the affected person was in a position as described in this subparagraph b); g. Whether undue hardship will result either to the Contractor or the person affected when weighed against the public interest served by avoiding the prohibited conflict; and f. Any other relevant considerations. 17. Election not to Grant. Notwithstanding any other provision hereof, the Division of Housing may elect not to make payment on the grant if: a. Contractor shall have made any misrepresentations of a material nature in its application for the grant, or in any supplement thereto, or in this contract, or in any document furnished by it, to the Division of Housing relative to the initiation of the project; b. There is pending or threatened litigation with respect to the grant or the performance by the Contractor of any of its duties or obligations hereunder which may jeopardize or adversely affect the initiation of the project; c. Contractor does not strictly comply with any provisions of this contract, the Act, the Guidelines, and/or the Policies and Procedures of the Division of Housing; and, d. The project, in the opinion of the Division of Housing, cannot proceed because of the inability to continue or complete land options or agreements, or secure zoning, or due to any action by any branch of government which impairs the use of the project for the proposed project purposes. 18. Approvals. Contractor shall obtain all necessary public approvals,including zoning, building,health and fire approvals, for use and occupancy of said property for said purpose. 19. Competitive Bids. All construction or rehabilitation work undertaken with State funds shall be competitively bid unless otherwise authorized by the State. Page 6 of 9 Pages 930474 20. Hold Harmless. Contrt r, in consideration for State's promir herein set forth, promises to indemnify, tave and hole narmless and defend State, and all of i.., employees and agents, acting officially or otherwise, from any and all liability, claims, demands, actions, debts and attorney fees arising out of, claimed on account of, or in any manner predicated upon loss or damage to the property of and injuries to, or death of all persons whatsoever, which may occur, or is sustained in connection with the performance of this contract, or by conditions created thereby, or based upon any violation or any statute, ordinance, or regulation, and the defense of any such claims or actions. 21. Non-Discrimination. The Contractor shall comply with all applicable State and Federal laws, rules, regulations and executive orders of the Governor of Colorado involving non-discrimination on the basis of race, color, religion, national origin, age, handicap or sex. In compliance with paragraph 5 of the Special Provisions section of this contract, Contractor agrees to consider minorities or minority businesses as employees, specialists, agents, consultants or subcontractors under this contract. Contractor may utilize the expertise of the State Minority Business Office within the Office of the Governor for assistance in complying with the non-discrimination and affirmative action requirements of this contract and applicable statutes. 22. Survival of Provisions. Notwithstanding any termination of this contact, the survival of provisions shall continue in force and effect as to any provisions hereof which require observance or performance by the State and Contractor subsequent to the date specified for termination, and it is understood and agreed such provisions shall survive any said termination date. • Page 7 of 9 Pages 9430474 Form 6-AC-028 SPECLA.I., PROVISIONS • CONTROLLER'S APPROVAL 1. This contract shall not be deemed valid until it shall have been approved by the Controller of the State of Colorado or such assistant as he may designate.This provision is applicable to any contact involving the payment of money by the State. FUND AVAILABILITY 2. Financial obligations of the State payable after the current fiscal year are contingent upon funds for that purpose being appropriated,budgeted and otherwise made available. BOND REQUIREMENT 3. 1f this contract involves the payment of more than fifty thousand dollars for the construction.erection.repair,maintenance,or improvement of any$n iAing, road•bridge,viaduct tunnel.excavation or other public works for this State.the contractor shall,before entering the performance of any such work included in this contract duly execute and deliver to and file with the official whose signature appears below for the State.a good andsufTicient bond or other aceepublesurety to be approved by said official in a penal sum not less than one-half of the total amount payable by the terms of this contract Such bond shall be duly executed by a qualified corporate surety.conditioned for the due and faithful performance of the contact,and in addition.shall provide that if the contractor or his subcontractors fail to duly pay for any labor.materials.team hire.sustenance,provisions.provender or other supplies used or consumed by such contractor or his subcontractor in performance of the work contracted to be done.the surety will pay the same in an amount not exceeding the sum specified in the band.together with interest at the rat:of eight per cent per annum.Unless such bond.when so required,is executed,delivered and filed,no claim in favor of the contractor arising under this contract shall be audited,allowed or paid.A verified or cashier's check or a bank money order payable to the Treasurer of the State of Colorado may be accepted in lieu of a bond. This provision is in compliance with 38-26-106 CRS. as amended. INDEMNIFICATION 4. To the extent authorized by law,the contractor shall indemnify,save and hold harmless the State.its employees and agents.against any and all claims. damages.liability and court awards including cons,expenses,and attorney fees incurred as a result of any act or omission by the contractor.or its employees, agents, subcontractors.or assignees pursuant to the terms of this contract DISCRIMINATION AND AFFIRMATIVE ACTION 5. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957,as amended,and other applicable law respecting discrimination and unfair employment practices(2-3u-402.CRS 1982 Repiacement Vol.).and as required by Executive Order.Equal Opportunity and Affirma- tive Action. dated April 16. 1975.Fursuent thereto. the following provisions shall be contained in all State contracts or sub-corttracv. During the performance of this contac_the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race,creed,color.national origin.sex.marital status. religion.ancestry,mental or physical handicaa.or age.The contactor will take affirmative action to insure that applicants are employed.and that employees are gated during employment,without regard to the above mentioned characteristics.Such action shall include,but not be limited to the following:employment, upgrading.demotion.or transfer,recruitment pr recruitment advertising:lay-offs or terminations:rates of pay or other forms of compensation and selection for training_including apprenticeship.The contractor agrees to post in conspicuous places.available to employes and applicants for employment.notices to be pro- vided by the contracting officer setting fat provisions of this non-discrimination clause. (2) The contractor will,in all solicitations or advertisements for employees placed by or on behalf of the contractor,state that all qualified applicants will receive corsidcration for employment without regard to race, creed, color. national origin, sex.marital status. religion, ancestry, mental or physical handicap,or age. (3) Tne contractor will send to each labor union or representative of workers with which he has collective bargaining agreement or other contract orundestand- ing,notice to be provided by the contacting officer,advising the labor union or workers'representative of the contractor's commitment under the Executive Order. Equal Opportunity and Affirmative Action,dated April 16. 1975, and of the rules,regulations.and relevant Orders of the Governor. (4) Tne contactor and labor unions will runtish all information and:pars required by Executive Order,Equal Opportunity and Affirmative Action of Apr?16. 1975.and by the rules.regulations and Orders of the Governor.or pursuant thereto,and will permit access to his books.records,and accounts by the contracting agency and the office of the Governor or his designee for purposes of investigation to ascertain compdance with such rules, regulations and orders. (5) Aiabor organization will not exclude any individual otherwise qualified from MI membership rights in such labor organization.or expel any such individual from membership in such labor organization or discriminate against any of its members in the full enjoyment of work opportunity.because of race,creed•colorr• sex, national origin.,or ancestry. (6) A labor organization,or the employees or members thereof will not aid,abet.incite.compel or coerce the doing of any act defined in this conract to be dis- criminatory or obstruct or prevent any person from complying with the provisions of this contract or any order issued thereunde,or amempt either directly or indirectly,to commis any act defined in this contact to be discriminatory. 395-53-01-1022 8 y es p..iozso..0 Revised IBS Page—2—of—2—pag 930474 Form 6-AC-02C (7) In the event of the contnaar's non-com a with the non-discrimination clauses of this comma with any amen rules,regulations,or order.this contract may be cancelled,terminated or suspe....ed in whole or in part and the contractor may be declam ineligible for further State contracts in accordance with procedures,authorized in Executive Order.Equal Opportunity and Affirmative Action of April 16,1975 and the rules,regulations.or orders promulgated in accordance therewith.and such other sanctions as may be imposed and remedies as may be invoked as provided in Executive Order,Equal Oppwtnniry and Affirmative Action of April 16, 1975,or by rules,regulations,or orders promulgated in accordance therewith.or as otherwise provided by law. (8) The contractor will include the provisions of paragraph(1)through(8)in every sub-contract and subcontractor purchase order unless exempted by rules. regulations.or orders issued pursuant to Executive Order.Equal Opportunity and Affirmative Action of April 16.1975.so that such provisions will be binding upon each subcontractor or vendor.The contractor will take such action with respect to any sub-contracting or purchase order as the contacting agency may direct.as a means of enforcing such provisions,including sanctions for non-compliance:provided,however,that in the event the contractor becomes involved in.or is threatened with,litigation with the subcontractor or vendor as a result of such direction by the contracting agency,the contractor may request the State of Colorado to enter into such litigation to protect the interest of the State of Colorado. COLORADO LABOR PREFERENCE 6a. Provisions of 8-17-101&102.CRS forprefennee of Colorado labor are applicable to this contract if public works within the State are undertaken harm- der and are financed in whole or in part by State funds. b. When constriction contract for a public project is to be awarded to a bidder.a resident bidder shall be allowed a preference against a non-resident bidder from a state or foreign country equal to the preference given or required by the state or foreign country in which the non-resident bidder is a resident Bars deter- mined by the officer responsible for awarding the bid that compliance with this subsection.06 may cause denial of federal funds which would otherwise be avail- able or would otherwise be inconsistent with requirements of federal law,this subsection shall be suspended.but only to the extent necessary to prevent denial of the moneys or to eliminate the inconsistency with federal requirements(section 8.19-101 and 102, CRS). GENERAL 7. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation,execution and enforcement of this contract.Any provision of this contract whether or not incorporated herein by reference which provides for arbitration by any extra-judicial body or person or which is otherwise in conflict with said laws,rules and regulations shall be considered null and void Nothing contained in any provision incorporated herein by reference which purports to negate this or any other special provision in whole or in part shall be valid or enforceable or available in any action at law whether by way of complaint defense or otherwise-Any provision rendered WI and void by the operation of this provision will not invalidate the remainder of this contract to the extent that the contract is capable of execution. 8. At all times during the performance of this Contact the Contractor shall strictly adhere to all applicable federal and state laws,rules and regulations that have been or may hereafter be established. 9. The signatories hereto aver that they are familiar with 18-8-301,et seq.,(Bribery and Corrupt Influences)and 18-8-401,et seq..(Abuse of Public Office), mu 1978 Replacement Vol_ and that no violation of such provisions is present- 10. The signatories aver that to their knowledge, no state employee has a personal or beneficial interest whatsoever in the service or property described herein: IN WITNESS WHEREOF, the parties hereto have executed this Contract on the day first above written. Contractor. Weld County (Fu tegalName) Board of Coun v Commissioners STATE OF COLORADO / ROY ROMER, GOVERNOR Constance L. Harbert By •5 EXECUTIVE DIRECTOR Position (Tine) Chairman 84-6000813 Sear Name r JcDG J Op Local fairs (If Corporation:) 1 / Attest (Seal) /Wit IV (4/ l exirac zininuntiazaarar to Board APPROVALS ATTORNEY GENERAL CONTROLLER By BY Fie 9 .sa 1.err rote 9 pawn Jes.13-0I.1030(Pre IAa) .Son nosw nova a DGWr3SM • 930474 EXHIBIT A Scope of Services 930474 EXHIBIT A SCOPE OF SERVICES Weld County Housing Authority - #93-026 1. Project Description and Objectives. Using Housing Development Grant and other funds the Contractor shall rehabilitate the Guadalupe homeless shelter in Weld County, Colorado. 2. Low Income Benefit. Eligible beneficiaries are defined as those persons who are members of families whose income is equal to or less than eighty percent (80%) of • area median income as set forth in Exhibit B, which is attached hereto and is incorporated herein by reference, or as subsequently promulgated in writing by the State. 3. Contractor Administration. The Contractor shall be responsible for the administration of the project. The Contractor may subcontract all or part of the administration duties. 4. State Monitoring. The Division of Housing will monitor the project with the Contractor. The Contract will be monitored for compliance with the rules, regulations, requirements and guidelines which the state has promulgated and will be monitored periodically during the operation of the project and upon its completion. The Contract will be evaluated to gauge its impact upon low- and moderate-income residents of the community and for the effective and efficient use of HDG funds. 5. Project Activities ana Budget Other Funds Project Activities Total Funds HOG Funds Amount Source Rehabilitation $82,000 441,000 $41,000 In Kind labor and materials General Administration 46,570 46,570 WCHA TOTALS I $88,570 I $41,000 I $47,570 6. Time of Performance:This Contract shall be effective upon full and proper execution. The Contract shall expire on April 30, 1994. The Contract may be extended by mutual agreement of the State and the Contractor. Any request for extension by the Contractor shall be submitted to the State in writing at least 30 days prior to the expiration of the Contract with a full justification for the request. 7. Reporting Schedule. The Contractor shall provide quarterly financial and program reports to the Department of Local Affairs, Division of Housing. Report forms shall be provided by DOH. Page 1 of 1 930474 EXHIBIT B Definition of Low and Moderate Income Households and Persons 930474 o` Ev E 0e8 2 00i n� p O i ”0 .:2. _- CuV i ≤ g :11 E .1 1a 11 1a 1E 1a 12 41 1a 41 1a Aa Aa pl ≥E,''o2 y=ooe wwew 9ws i = n U=11 u -U ote ." L6 2i = O tl o c-F a a g $I II of II II II &R I$ II IS II II II I8 e o a n A vla „ lEC E u= ` E c c�' EE-c e .O CAS - c' a Me a o0 00 II II No �e oe II No 00 m as „ - ... a a= a a= a �= to r a a� n� n� ., w ` aL oCe c !E § h m=m `� ' -N'E Hp 7th c E9E-21 in U He tg gI ss $ 8s as ss ER I AI a§ ,§§ as sa :§ = e x era= m as a= "as *a s= as m2 mz mz m4 42 x`;afiI v 2g-=f - .L x A w 'no Js° _ - „ ,$o 0 80 0 0 88 00 - ]� o ` g- E 'I "a- ,- m"a_ HR ,- HH ,r gH HH rH HH HR Hx "_ o _o e,4-,L. - u z, vc a o c c € o 2• °e t E 2 e o 0 0 0 0 0 o N r o o N sn uo x — 22 — — Z. r `. ce'—� o'F p^ i .vv • U CC2 - C t E € e ° L a O? ES.9 8 �„ 88 2E2_ qh oe II o0 o eo 00 oc — 8• EL cG co gO p D g— E Z o 83 ;1; o E Zv 'E= o' e • E N € u^ K E- `c e c E e f 0 v_$ e c e E € G=c E c c E E E c E E o E o E E z : t� 0 8 E E 8 E Q _ 2 Q E u in E E E is I .E E E - E - E '„ E m E - E ' -o wQ a " E " E wE wE wE . o . 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Box P.O. Box A GREELEY,COLORADO 60632 COLORADO TO: Constance L. Harbert, Chairman, Board of County Commissioners FROM: Judy Griego, Director, Department of Social Service SUBJECT: Housing Development Grant Contract DATE: May 23, 1993 This agenda items has been held over due to a zoning issue between Catholic Community Services and Weld County Planning Department. We have spoken with Bruce Barker, County Attorney, concerning the appropriateness of Board action. It is his opinion that the Board approve the item in order to get the Contract approved by the State and to move forward with the agenda item. Catholic Community Services is working with the Planning Department to resolve the issue. If Catholic Community services is not able to obtain a modified Special Use Permit, no funds will be provided for the project. We are therefore recommending that the Contract for the rehabilitation/expansion of the Guadalupe Homeless shelter be approved. Grant funds in the amount of $41,000 will be provided to the County for this activity. The following rehabilitation is exepected to be completed through this contract: - repair of the roof; - enlarge the men's bathroom to include two showers; - enlarge womens' bathroom to include two showers; - add a family sleeping room; - add two female dorm rooms to accomadate up to five persons; and - add a storage area. The project will be administered by the Weld County Housing Authority. If you have any questions, please telephone me at 352-1551, Extension 6200. 596474 ≤s 00 / 7 • 6 WELD COUNTY HOUSING AUTHORITY PHONE(303)352-1551 P.O. Box A GREELEY COLORADO 80632 COLORADO TO: Constance L. Harbert, Chairman, Board of County Commissioners FROM: Judy Griego, Director, Department of Social Services u V(T(A U SUBJECT: Housing Development Grant Contract DATE: April 6, 1993 Enclosed for Board consideration is the Division of Housing contract for the rehabilitation of the Guadalupe Center, a homeless shelter operated by Catholic Community Services. Grant funds in the amount of $41,000 will be provided to the County for this activity. The following rehabilitation is exepected to be completed through this contract: - repair of the roof; - enlarge the men's bathroom to include two showers; - enlarge womens' bathroom to include two showers; - add a family sleeping room; - add two female dorm rooms to accomadate up to five persons; and - add a storage area. The project will be administered by the Weld County Housing Authority. Staff recommends your approval of the Housing Grant Contract. If you have any questions, please telephone me at 352-1551, Extension 6200. 9x0174 93029`- 4ii l'7 Hello